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HomeMy WebLinkAboutPLN 28-20Report to Planning & Development Committee Report Number: PLN 28-20 Date: December 7, 2020 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 10/18 City Initiated: Rotary Frenchman’s Bay West Park Recommendation: 1.That City Initiated Zoning By-law Amendment Application A 10/18 to zone lands within Rotary Frenchman’s Bay West Park from “R4” – Detached Dwelling Fourth Density and “G” – Greenbelt to “OS” – Open Space, be approved and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 28-20, be enacted by Council. Executive Summary: On June 25, 2018, Council passed a motion requesting that City staff initiate a rezoning of the lands within Rotary Frenchman’s Bay West Park (RFBWP) from predominantly residential to an open space/environmental park zone, including those lands within the park that are privately owned. At the Statutory Public Meeting, in response to delegations objecting to the privately owned properties being rezoned, Committee members directed staff to exclude the privately owned properties from this amendment. The draft by-law now excludes the 5 privately owned properties located in the RFBWP. Also since the Statutory Public Meeting, an update to the RFBWP Master Plan has been completed. The Master Plan no longer includes a location for the Pickering Rouge Canoe Club within the Park due to new high water levels posing a safety risk. Accordingly, staff have revised the text of the draft by-law to delete the definitions and use permissions for Private Club and Waterfront Activity, and the building setback zone provisions. Staff have also revised the maximum building height for any building or structure within the Park be decreased from 9.0 metres to 5.0 metres. Staff recommends that Council approve of Zoning By-law Amendment Application A 10/18 and enact the draft by-law as set out in Appendix I to this report. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. Report PLN 28-20 December 7, 2020 Subject: City Initiated: Rotary Frenchman’s Bay West Park Page 2 Discussion: 1.Background 1.1 Council Resolution #468/18 On June 25, 2018, Council passed a motion (see Council Resolution #468/18, Attachment #1) requesting City staff to initiate the necessary steps to amend Zoning By-law 2511 to change the zoning of all lands within Rotary Frenchman’s Bay West Park from “R4” – Detached Dwelling Fourth Density and “G” – Greenbelt to an appropriate zone category that recognizes these lands as Open Space/Environmental Park , and those properties in private ownership be granted non-conforming status. 1.2 Property Description The subject lands are located south of Sunrise Avenue, east of West Shore Boulevard, within the Rotary Frenchman’s Bay West Park (RFBWP) and are owned by the Toronto and Region Conservation Authority (TRCA) (see Location Map, Attachment #2). 2.Comments Received 2.1 February 4, 2019 Statutory Public Meeting A Statutory Public Meeting was held on February 4, 2019 at which 3 residents made an oral submission to the Planning & Development Committee. After the meeting, 1 written comment was also received. The following is a summary of the key concerns and comments: landowners of the privately owned properties expressed concerns that rezoning their properties would restrict their abilities to make changes or enlarge the footprint of their homes, and requested to be excluded from the City initiated amendment ; requested clarification on how the amendment would affect the continuation of the Pickering Canoe Club; supports the City initiated zoning by-law amendment and recommends that the RFBWP remain as a naturalized park. At the Public Meeting, the Committee Members expressed concerns with placing restrictions on the existing private residential properties, noting that the intent of the City initiated zoning by-law amendment was to protect the park, not negatively impact the residential properties. Committee Members asked for clarification on whether TRCA had an interest in purchasing the residential properties and whether staff considered excluding the residential properties from the rezoning. Staff were requested to remove the private residential properties from the by-law amendment. Report PLN 28-20 December 7, 2020 Subject: City Initiated: Rotary Frenchman’s Bay West Park Page 3 3. Agency Comments 3.1 Toronto and Region Conservation Authority (TRCA) TRCA has reviewed the draft zoning by-law amendment and is supportive of the proposed rezoning of their lands to an Open Space Zone category. 3.2 Region of Durham The Region of Durham has advised that they have no concerns with the City initiated rezoning. 4. City’s Update to the Rotary Frenchman’s Bay West Park (RFBWP) Master Plan The RFBWP Master Plan was originally endorsed by Council in 2012. The first phase of the Master Plan was constructed by late 2018. During the spring and summe r of 2017 and 2019, the west spit experienced extremely high water levels, which resulted in excessive erosion and physical damage to the spit. Staff identified the need to revise the Master Plan to respond to these high lake levels and flooding, by permanently restricting vehicular access and prohibiting any structures along the west spit. The Pickering Canoe Club (PCC) can no longer be accommodated on the west spit. The revised Master Plan was endorsed by Executive Committee on November 2, 2020 (details on the revised Master Plan can be found in Report ENG 05-20). 5. Planning Analysis 5.1 Exclusion of Privately Owned Residential Properties from Zoning At the Public Meeting on February 4, 2019, owners of privately owned properties expressed concerns with respect to the inclusion of their properties within the city initiated zoning by-law. These landowners were concerned that rezoning their lots to an Open Space zone would make their existing properties legal non-conforming and restrict them from making any alterations or enlargements to the existing buildings and/or structures on their properties. At the meeting, Committee also expressed similar concerns noting that the rezoning application intended to protect the park, not negatively impact residential properties. The revised draft zoning by-law, attached as Appendix I to this report, removes the 5 privately owned residential properties from the rezoning application. The properties are: 907, 909 and 911 Beachpoint Promenade, 621 West Shore Boulevard and 913 Sunrise Avenue. These properties are currently used for residential purposes and contain detached dwellings and accessory buildings/structures. TRCA has also advised that they have no concerns with removing the privately owned residential properties from the rezoning application. The 3 residential properties along Beachpoint Promenade are within a dynamic beach and within the TRCA screening area. Any site alteration to these properties is subject to permits from both the City and TRCA. Report PLN 28-20 December 7, 2020 Subject: City Initiated: Rotary Frenchman’s Bay West Park Page 4 The remaining 2 properties are located along West Shore Boulevard and Sunrise Avenue. These properties are outside of TRCA's screening area. Therefore, any site alteration is only subject to permits and approval from the City. 5.2 Draft Zoning By-law Amendment is consistent with the City’s Official Plan The subject lands are currently designated as “Open Space System – Natural Areas” and “Open Space System – Marina Areas” in the City’s Official Plan. Within the Natural and Marina Areas, the Official Plan permits the conservation, environmental protection, restoration, and similar uses, existing lawful residential dwellings, a new residential dwelling on a vacant lot, and community gardens. In addition, marinas, yacht clubs, ancillary uses, uses that support the marina or yacht club, and active recreational, community and cultural uses are permitted within the Marina Areas. The majority of the subject lands are currently zoned as “R4” – Residential Zone, permitting detached dwellings and does not conform to the Official Plan. The “OS” – Open Space Zone category in the draft zoning by-law permits Public Parks, Community Gardens and Conservation Uses, which uses conform to the City’s Official Plan. 5.3 Implementation of the Updated RFBWP Master Plan In light of the updated Master Plan for RFBWP, which no longer accommodates the PCC, the draft zoning by-law has been revised by removing the definitions, use permissions and building setback provisions for Private Club and Waterfront Activity. Also, in keeping with the nature of buildings and structures that are contemplated within the Park, the maximum building height in the draft zoning by-law has been decreased from 9.0 metres to 5.0 metres. 5.4 Staff Recommend an Implementing Zoning By-law Amendment be Forwarded to Council for Enactment Staff recommend the Zoning By-law Amendment, as set out in Appendix I, that will amend Zoning By-law 2511 to zone all lands within Rotary Frenchman’s Bay West Park from “R4” –Residential and “G” – Greenbelt to “OS” – Open Space, be enacted by Council. Appendix: Appendix I Draft Zoning By-law Amendment A 10/18 Attachments: 1.Council Resolution #468/18 2.Location Map Report PLN 28-20 December 7, 2020 Subject: City Initiated: Rotary Frenchman’s Bay West Park Page 5 Prepared By: Approved/Endorsed By: Tanjot Bal, MCIP, RPP Catherine Rose, MCIP, RPP Planner II Chief Planner Nilesh Surti, MCIP, RPP Kyle Bentley, P. Eng. Manager, Development Review Director, City Development & CBO & Urban Design TB:NS:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Appendix I to Report PLN 28-20 Draft Zoning By-law for Zoning By-law Amendment Application A 10/18 Appendix I to Report PLN 28-20 Draft Zoning By-law for Zoning By-law Amendment Application A 10/18 The Corporation of the City of Pickering By-law No. XXXX/20 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Rotary Frenchman’s Bay West Park (A 10/18) Whereas the Council of The Corporation of the City of Pickering passed Resolution #468/18 requesting the lands within Rotary Frenchman’s Bay West Park be rezoned from “R4” Zone and “G” Zone categories to “OS” Zone category within Zoning By-law 2511; And whereas the Council of The Corporation of the City of Pickering deems it advisable to amend By-law 2511 to regulate the land uses within the Rotary Frenchman’s Bay West Park in accordance with the Updated Master Plan for the Park; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedule I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands in the Rotary Frenchman’s Bay West Park, in the City of Pickering, designated “OS” – Open Space on Schedule I to this By-law. 3.General Provisions No building, structure, land or part thereof shall here after be used, occupied, enacted, moved or structurally altered except in conformity with the provisions of this By-law. 4.Definitions In this By-law: (1)“Park, Public” shall mean an area of land under the jurisdiction of a public authority that is designed or maintained for active or passive recreational purposes, that may include a playground, sports field, botanical garden, boat launch for non-motorized boats, or public swimming pool, and may also include accessory buildings or structures such as a maintenance building, washroom or canteen, and other uses authorized by the City and Conservation Authority. Draft By-law No. XXXX/20 Page 2 Draft (2) “Community Garden” shall mean land used for the growing and harvesting of plants, vegetables or fruits and provided the crops are for the sole use, donation or consumption by the individual or individuals growing or working the community garden. It shall not be considered as landscaped area, landscaped strip or landscaping. (3) “Conservation Use” shall mean a use dedicated towards the preservation, protection and/or improvement of components of the natural environment through management and maintenance. 5. Provisions (1) Uses Permitted No person shall within the lands zoned “OS” on Schedule “I” to this By-law, use any lot or erect, alter, or use any building or structure for any purposes except the following: a) Park, Public b) Community Garden c) Conservation Use (2) Zone Requirements No person shall within the lands zoned “OS” on Schedule “I” attached hereto, use any lot or erect, alter, or use any building or structure for any purposes except in accordance with the following provisions: a) Maximum height of all structures and buildings shall be 5 metres 6. By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. By-law No. XXXX/20 Page 3 Draft 7.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2020 _________________________________ David Ryan, Mayor _________________________________ Susan Cassel, City Clerk Draft Draft West Shore BoulevardOklahoma Drive BreezyDriveBayviewStreet ChipmunkStreetSunrise AvenueLeaside StreetYeremi StreetMink Street Beachpoint Pr o m e n a d e i NClerk Mayor Schedule I to By-Law XXXX/20 Passed This XXDay of XXX 2020 Frenchman's Bay OS Lake Ontario Legislative Services Division Clerk’s Office Directive Memorandum June 27, 2018 To: Kyle Bentley Director, City Development & CBO From: Debbie Shields City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on June 25, 2018 Notice of Motion Removal of Remaining R4 Designations Rotary Frenchman’s Bay West Park Council Decision Resolution #468/18 Whereas: The Rotary Frenchman’s Bay West Park encompasses lands at the southwestern end of Frenchman’s Bay, lands northerly to the south side of Sunrise Avenue, the eastern side of West Shore Boulevard, and the northern shore of Lake Ontario; Whereas: These lands were previously designated as a special study area where TRCA was encouraged to continue its acquisition program to acquire any lands within the designated area that may become available; Whereas: With the exception of three properties located on the south side of Beachpoint Promenade, all lands within the park have been acquired; Whereas: Zoning By-law 2511 was approved in the early 1960’s and zones portions of the Frenchman’s Bay West Park land as “G” - Greenbelt and “R4” - Detached Dwelling Fourth Density; Whereas: In 2012, the City of Pickering adopted Rotary Frenchman’s Bay West Master Plan; Now Therefore be it resolved that City staff initiate the necessary steps to amend Zoning By-law 2511 as follows: 1.To change the zoning of all lands currently zoned “R4” - Detached Dwelling Fourth Density to an appropriate zone category that recognizes these lands as Open Space/Environmental Park. 2.To change zoning on lands currently zoned “G” - Greenbelt to an appropriate zone category that recognizes these lands as Open Space/Environmental Park. And that those properties remain in private ownership be granted non-conforming status. Attachment #1 to Report #PLN 28-20 Notice of Motion: Frenchman’s Bay June 27/18 Page 2 Please take any action deemed necessary Debbie Shields Copy: Chief Administrative Officer Batory AvenueWest Shore BoulevardBreezyDrive VistulaDrive Oklahoma Drive ElviraCourt Chipmunk StreetLynx Avenue Sunrise AvenueLeaside StreetYeremi StreetMink StreetOliva StreetB e a c h p o in tP ro m e n a deEssa Crescent1:7,500 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Property Description: A 10/18City Initiated: Rotary Frenchman's Bay West ParkPart Lots 24 to 26, Range 3, Broken Lot Concession THIS IS NOT A PLAN OF SURVEY. Date: May. 03, 2019 SubjectLands Frenchman's Bay 907, 909, and 911 Beachpoint PromenadeE621 WestShore BoulevardEE 913 Sunrise Avenue Attachment #2 to Report #PLN 28-20